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Labor and Employment Law

2013

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Summary Of Taylor V. Nev. Dept. Of Health And Human Servs., 129 Nev. Adv. Op. 99, Whitney E. Short Dec 2013

Summary Of Taylor V. Nev. Dept. Of Health And Human Servs., 129 Nev. Adv. Op. 99, Whitney E. Short

Nevada Supreme Court Summaries

The Court determined one issue: whether it is within a hearing officer’s duty to determine the appropriate level of discipline and impose that determination.


Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight Dec 2013

Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight

Congressional Testimony

Testimony of Professor Jean R. Sternlight to the Senate Judiciary Committee, arguing for the passage of the Arbitration Fairness Act of 2013.


Union Made: Labor’S Litigation For Social Change, Charlotte Garden Dec 2013

Union Made: Labor’S Litigation For Social Change, Charlotte Garden

Faculty Scholarship

Unions are key repeat players before the Supreme Court. Their involvement extends beyond what one might expect (labor) and extends to key cases involving federalism, discrimination, affirmative action, the First Amendment, and workplace health and safety, among others. Though scholars have written about how other union activity, like collective bargaining, impacts non-union workers, the role and impact of union participation in non-labor litigation has largely been ignored in the public debate over unions in America and in the academic literature about what unions do. This article focuses on unions’ Supreme Court litigation that arises outside of the context of traditional ...


Marginal Workers: How Legal Fault Lines Divide Workers And Leave Them Without Protection, Sameer M. Ashar Dec 2013

Marginal Workers: How Legal Fault Lines Divide Workers And Leave Them Without Protection, Sameer M. Ashar

Faculty Scholarship

American scholars, litigators, and activists are obliged to innovate and unearth new tactics and strategies in the effort to counterbalance the power of transnational capital. However, Ruben Garcia’s call for the elevation of human rights rhetoric in worker struggles in his book Marginal Workers invites caution. It may well be that Garcia’s emphatic statements in support of a human rights approach to U.S. workers’ rights are meant to disrupt the inertia of movement advocacy strategy. However, for any reader who might take these statements at face value, a zero-sum approach creates two dangers: First, it may lead ...


Advancing Low-Wage Worker Organizing Through Legal Representation, Sameer M. Ashar, Fernando Flores, Sara Feldman Nov 2013

Advancing Low-Wage Worker Organizing Through Legal Representation, Sameer M. Ashar, Fernando Flores, Sara Feldman

Faculty Scholarship

Eighteen workers at the Hilton Long Beach Hotel and Executive Meeting Center settled denial of meal and rest break claims with the hotel’s owner, HEI Hotels and Resorts LLC (HEI), on November 27, 2012 — the culmination of a multiyear campaign led by the workers and supported by Unite Here Local 11, the Southern California affiliate of the North American hospitality workers union. The workers were represented in the last stages of the agency adjudication by the Immigrant Rights Clinic of the University of California (Irvine) School of Law and the Legal Aid Society-Employment Law Center. In hearings before the ...


Acqui-Hiring, Gregg D. Polsky, John F. Coyle Nov 2013

Acqui-Hiring, Gregg D. Polsky, John F. Coyle

Scholarly Works

Facebook, Google, and other leading technology companies in Silicon Valley have been buying start-up companies at a brisk pace. In many of these transactions, the buyer has little interest in acquiring the startup’s projects or assets. Instead, the buyer’s primary motivation is to hire some or all of the startup’s software engineers. These so-called “acqui-hires” represent a novel — and increasingly common — tool by which the largest and most successful technology companies in the world satisfy their intense demand for engineering talent.

To date, the acqui-hire has attracted no attention in the academic or professional legal literature. With ...


Wynn Las Vegas, L.L.C. V. Baldonado, Nevada Law Journal Oct 2013

Wynn Las Vegas, L.L.C. V. Baldonado, Nevada Law Journal

Nevada Supreme Court Summaries

The Court determined one issue: whether Nevada law (NRS Chapter 608) allows employers to require employees to pool their tips with other employees of a different rank.


Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt Oct 2013

Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt

All Faculty Scholarship

This Article was originally intended to be an analysis of the propriety, or impropriety, of the doctrines most commonly used by courts to decide employees’ whistleblowing retaliation claims against employers. However, upon conducting initial research, it quickly became apparent that there was very little data available on whistleblowing cases. Unlike employment discrimination cases, where several empirical studies have been conducted, there is only one empirical analysis of whistleblower claims, which focused solely on outcomes in the federal administrative process for claims brought under the Sarbanes-Oxley Act (SOX). That study revealed that whistleblowers fare poorly for a number of reasons, but ...


Permanent Replacements: Organized Labor’S Fall, Employment Law’S (Incomplete) Rise, And The Way Forward, Alexander T. Macdonald Oct 2013

Permanent Replacements: Organized Labor’S Fall, Employment Law’S (Incomplete) Rise, And The Way Forward, Alexander T. Macdonald

W&M Law Student Publications

No abstract provided.


Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin Oct 2013

Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin

All Faculty Scholarship

Legislation enacted in many states following the 2010 elections in the United States strengthened unilateral public employer control and weakened employee voice. This rebalancing of power occurred in the context of state public employee labour relations acts modeled on the National Labor Relations Act (NLRA), but with a narrower scope of bargaining than in the private sector. This narrow scope channels unions’ voice away from the quality of public services and towards protecting members from the effects of decisions unilaterally imposed by management. The Supreme Court of Canada has held that the freedom of association guaranteed by the Charter of ...


Central Falls Retirees V. Bondholders: Assessing Fear Of Contagion In Chapter 9 Proceedings, Maria O'Brien Oct 2013

Central Falls Retirees V. Bondholders: Assessing Fear Of Contagion In Chapter 9 Proceedings, Maria O'Brien

Faculty Scholarship

Modern Chapter 9 litigation has been characterized by extraordinary protections for municipal bondholders, and Central Falls is no exception. Although not well understood by politicians, fear of contagion has encouraged the adoption of legal arrangements that have limited the bankruptcy courts’ ability to include bondholders in the cost of restructuring municipal debt. This preference for bondholders (and, by extension, their insurers) has meant increased misery for taxpayers and retirees. Given that all of these actors appear to have been complicit to some degree in the creation and maintenance of the fiscally imprudent conditions that triggered bankruptcy and that evidence of ...


Finally, Overtime Coverage For All Domestic Workers In California!, Hina B. Shah Sep 2013

Finally, Overtime Coverage For All Domestic Workers In California!, Hina B. Shah

Publications

After nearly 75 years of exclusion from federal and state labor protections, domestic workers have finally scored two important victories in their fight for equal treatment. Late last week, Governor Brown signed AB 241, extending California overtime protections to domestic workers who spend a significant amount of time caring for children, elderly and people with disabilities. One week earlier the federal Department of Labor finalized new rules that significantly extend federal minimum wage and overtime protections to domestic workers who care for the elderly and people with disabilities. Together, these actions extend overtime coverage to all domestic workers in California.


Reply Brief. Sandifer V. United States Steel Corp., 134 S. Ct. 870 (2014) (No. 12-417), 2013 U.S. S. Ct. Briefs Lexis 3416, Eric Schnapper, Aaron B. Maduff, Michael L. Maduff, Walker R. Lawrence, Robert F. Childs, Jr., Abby Morrow Richardson, David L. Kern Aug 2013

Reply Brief. Sandifer V. United States Steel Corp., 134 S. Ct. 870 (2014) (No. 12-417), 2013 U.S. S. Ct. Briefs Lexis 3416, Eric Schnapper, Aaron B. Maduff, Michael L. Maduff, Walker R. Lawrence, Robert F. Childs, Jr., Abby Morrow Richardson, David L. Kern

Court Briefs

No abstract provided.


Institute Brief: Support Through Mentorship: Accessible Supervision Of Employees With Intellectual And Developmental Disabilities, John Kramer, Ashley Wolfe, Jean Winsor Jul 2013

Institute Brief: Support Through Mentorship: Accessible Supervision Of Employees With Intellectual And Developmental Disabilities, John Kramer, Ashley Wolfe, Jean Winsor

The Institute Brief Series, Institute for Community Inclusion

Effective supervision of employees with intellectual or developmental disabilities can be challenging for businesses that may not have experience in hiring people with diverse support requirements. This is largely due to the relatively low participation rates of people with disabilities in the workforce. This is, thankfully, changing as more businesses are seeing the value of diversifying their workforce, which includes hiring people with diverse cognitive abilities like people with intellectual or developmental disabilities.


Marital Status And Privilege, Laura A. Rosenbury Jul 2013

Marital Status And Privilege, Laura A. Rosenbury

UF Law Faculty Publications

This essay challenges the privilege attaching to marriage as a distinct form of relationship. Responding to Angela Onwuachi-Willig’s new book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, the essay identifies the legal and extralegal privileges flowing not just to monoracial marriage but to marriage. States recognize and support one form of relationship between adults to the exclusion of all others, creating privilege that flows outside of the home into the workplace and beyond. Instead of arguing that such privilege should be distributed more equally between monoracial and multiracial couples, this essay seeks ...


Work Wives, Laura A. Rosenbury Jul 2013

Work Wives, Laura A. Rosenbury

UF Law Faculty Publications

Traditional notions of male and female roles remain tenacious at home and work even in the face of gender-neutral family laws and robust employment discrimination laws. This Article analyzes the challenge of gender tenacity through the lens of the “work wife.” The continued use of the marriage metaphor at work reveals that the dynamics of marriage flow between home and work, creating a feedback loop that inserts gender into both domains in multiple ways. This phenomenon may reinforce gender stereotypes, hindering the potential of law to achieve gender equality. But such gender tenacity need not always lead to subordination. The ...


Interagency Litigation And Article Iii, Joseph Mead Jul 2013

Interagency Litigation And Article Iii, Joseph Mead

Urban Publications

Agencies of the United States often find themselves on opposite sides of the "v." in disputes ranging from alleged unfair labor practices in federal agencies to competing statutory interpretations to run-of-the mill squabbles over money. Yet Article III's case-or-controversy requirement includes—at a minimum—adverse parties and standing. Courts have disagreed with one another over the extent to which litigation between the sovereign and itself meets Article III standards. Despite the volume of scholarship on Article III standing, relatively little attention has been paid to Article III's requirement of adverse parties in general, or the justiciability of intrabranch ...


Summary Of Williams V. United Parcel Services, 129 Nev. Adv. Op. No. 41, Drew Wheaton Jun 2013

Summary Of Williams V. United Parcel Services, 129 Nev. Adv. Op. No. 41, Drew Wheaton

Nevada Supreme Court Summaries

The Court considered when an employee, who seeks to reopen a workers’ compensation claim that has been closed for over a year, is deemed to have been “off work” under NRS 616C.390(5).


Brief For Petitioners. Sandifer V. United States Steel Corp., 134 S. Ct. 870 (2014) (No. 12-417), 2013 U.S. S. Ct. Briefs Lexis 2320, Eric Schnapper, Aaron B. Maduff, Michael L. Maduff, Walker R. Lawrence, Robert F. Childs, Jr., Abby Morrow Richardson, David L. Kern May 2013

Brief For Petitioners. Sandifer V. United States Steel Corp., 134 S. Ct. 870 (2014) (No. 12-417), 2013 U.S. S. Ct. Briefs Lexis 2320, Eric Schnapper, Aaron B. Maduff, Michael L. Maduff, Walker R. Lawrence, Robert F. Childs, Jr., Abby Morrow Richardson, David L. Kern

Court Briefs

No abstract provided.


Summary Of City Of Las Vegas V. Evans, 129 Nev. Adv. Op. 31, Timothy A. Wiseman May 2013

Summary Of City Of Las Vegas V. Evans, 129 Nev. Adv. Op. 31, Timothy A. Wiseman

Nevada Supreme Court Summaries

The court considered whether a firefighter who does not qualify for a presumption that his cancer is a compensable occupational disease may still seek to prove it is a compensable occupational disease without the benefit of the presumption. The court also considered whether the appeals officer erred in awarding benefits in this case for a firefighter’s cancer.


Does Public Employee Collective Bargaining Distort Democracy? A Perspective From The United States, Martin H. Malin Apr 2013

Does Public Employee Collective Bargaining Distort Democracy? A Perspective From The United States, Martin H. Malin

All Faculty Scholarship

The beginning of the second decade of the 21st century saw renewed attacks on public employee collective bargaining, which included claims that allowing public employees to organize and bargain collectively distorts democratic processes. These renewed attacks included the traditional claim that public employee collective bargaining inappropriately gives one interest group, workers and their unions, an avenue of access to public decision-makers that is not available to other interest groups. The attack also raised a new claim of distortion of democratic processes: that unions are inappropriately advantaged in the broader political process through agency shop or fair share and dues check-off ...


Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston Apr 2013

Umass Boston – Brazilian Immigrant Center Partnership, Tim Sieber, C. Eduardo Siqueira, Natalicia Tracy, Gaston Institute, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Brazilian Immigrant Center (BIC) does organizing, advocacy and training to reduce marginalization of Brazilian immigrants, promoting their engagement as workers & civic participants. A worker’s center, BIC supports and defends workers’ rights under current state & US labor laws. BIC helps workers mediate complaints with employers, and refers others for class action suits, or intervention by the Mass. Attorney General or US Dept of Labor. A special focus at present is organizing mostly women domestic workers, and BIC has a new Law and Policy Clinic, a Domestic Worker Mediation Program, and an Immigration Justice Project staffed by two full-time public ...


Supporting Employment First: Assisting States In Achieving Improved Employment Outcomes For Individuals With Intellectual Disabilities, Cindy Thomas, Institute For Community Inclusion, University Of Massachusetts Boston Apr 2013

Supporting Employment First: Assisting States In Achieving Improved Employment Outcomes For Individuals With Intellectual Disabilities, Cindy Thomas, Institute For Community Inclusion, University Of Massachusetts Boston

Office of Community Partnerships Posters

A membership network of 29 states, the State Employment Leadership Network is a community of practice where members meet to connect, collaborate, and share information and lessons learned across state lines and system boundaries. Participating state agency officials build cross-community support for pressing employment-related issues and policies at state and federal levels. States commit to work together and engage in a series of activities to analyze key elements in their systems to improve the integrated employment outcomes for their citizens with intellectual and developmental disabilities.


Intellectual Property And Employee Selection, Elizabeth A. Rowe Apr 2013

Intellectual Property And Employee Selection, Elizabeth A. Rowe

UF Law Faculty Publications

In today’s marketplace, companies from Disney to Hooters are increasingly integrating their image into the service that they provide. This has come to be known as “branded service.” The human wearing the trade dress merges with the brand image. When a company chooses this strategy to differentiate itself from its competitors in the marketplace, it will often incorporate some intellectual property, and the result then necessarily influences hiring decisions. If a business decides not to hire a prospective employee because she does not fit the company’s image, and that decision is challenged under the antidiscrimination laws, to what ...


Union Dues In The Public Sector: Legislative Changes And Legal Challenges, Ann C. Hodges Apr 2013

Union Dues In The Public Sector: Legislative Changes And Legal Challenges, Ann C. Hodges

Law Faculty Publications

The economic crisis that began in 2008 led many states and localities to look for ways to reduce labor costs, which form a substantial portion of government budgets. Some state legislatures focused on collective bargaining laws, with Wisconsin being the most high profile example. Along with the restrictions on bargaining, a number of states moved to limit the collection of union dues. The limitations were not across the board, but primarily directed at either political expenditures of unions or at particular unions, most commonly education unions. Not surprisingly, the laws enacted were immediately subjected to legal challenge sinceunions, like every ...


Case Studies Of Emerging/Innovative Vocational Rehabilitation Agency Practices In Improving Employment Outcomes For Individuals With Intellectual/Developmental Disabilities, Robert Burns, Kelly Haines, Elizabeth Porter, Heike Boeltzig-Brown, Susan Foley Apr 2013

Case Studies Of Emerging/Innovative Vocational Rehabilitation Agency Practices In Improving Employment Outcomes For Individuals With Intellectual/Developmental Disabilities, Robert Burns, Kelly Haines, Elizabeth Porter, Heike Boeltzig-Brown, Susan Foley

All Institute for Community Inclusion Publications

The Vocational Rehabilitation Research and Training Center (VR-RRTC.org) based at the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston partnered with national content experts to identify promising VR employment practices serving people with intellectual and/or developmental disabilities (IDD). The National Institute on Disability and Rehabilitation Research (NIDRR), the funding agency,requested an emphasis on identifying promising practices for people with mental illnesses and peoplewith intellectual disabilities/developmental disabilities, and to identify promising practices related to order of selection and the designation of most significant disability. This report provides a summary of four promising VR employment ...


Vocational Rehabilitation Agencies Helping People With Psychiatric Disabilities Get Employed: How Far Have We Come? How Far Do We Have To Go?: Case Studies Of Promising Practices In Vocational Rehabilitation, Joseph Marrone, Mary Lynn Cala, Kelly Haines, Heike Boeltzig-Brown, Susan Foley Apr 2013

Vocational Rehabilitation Agencies Helping People With Psychiatric Disabilities Get Employed: How Far Have We Come? How Far Do We Have To Go?: Case Studies Of Promising Practices In Vocational Rehabilitation, Joseph Marrone, Mary Lynn Cala, Kelly Haines, Heike Boeltzig-Brown, Susan Foley

All Institute for Community Inclusion Publications

The final set of eight promising practices out of the 58 nominated practices are summarized here and then described inmore detail in the appendix. Each descriptive write up can be used independently and provides sufficient detail for review. A note from the VR RRTC Team: These are descriptions of practices in one snapshot of time. We acknowledge that by thetime we are able to produce asummary report, practices may have evolved or modified, and new practices may have emerged. For more specific details or up to date descriptions we advise going to the source, the state VR agencies, directly. We ...


A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore Apr 2013

A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore

Law Faculty Scholarly Articles

The United States is unique among developed nations in its heavy reliance on employment-based health insurance. The United States, however, is not the only nation in which employers play an important role in the financing of health care. Indeed, long before employment-based health insurance became common in the United States, countries with social insurance systems, such as France, Germany, Hungary, and the Czech Republic, provided for the delivery of mandatory social insurance benefits, including health insurance, through the workplace.

This article explores the role of the employer in the health care system in one such country: France. The French health ...


A Phenomenological Exploration Of Black Male Law Enforcement Officers' Perspectives Of Racial Profiling And Their Law Enforcement Career Exploration And Commitment, Gregory A. Salters Mar 2013

A Phenomenological Exploration Of Black Male Law Enforcement Officers' Perspectives Of Racial Profiling And Their Law Enforcement Career Exploration And Commitment, Gregory A. Salters

FIU Electronic Theses and Dissertations

This phenomenological study explored Black male law enforcement officers’ perspectives of how racial profiling shaped their decisions to explore and commit to a law enforcement career. Criterion and snow ball sampling was used to obtain the 17 participants for this study. Super’s (1990) archway model was used as the theoretical framework. The archway model “is designed to bring out the segmented but unified and developmental nature of career development, to highlight the segments, and to make their origin clear” (Super, 1990, p. 201).

Interview data were analyzed using inductive, deductive, and comparative analyses. Three themes emerged from the inductive ...


Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher Mar 2013

Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher

Faculty Scholarship

It is extraordinarily unlikely that the drafters of ERISA foresaw the effect the statute would have on federal courts and American economic life. It was originally conceived as a "pension bill of rights" designed to ensure that workers received the fixed monthly pension payment (based on tenure and average salary) that they had been promised. It grew, however, into the most litigated statute in the United States Code; to govern increasingly popular individual retirement savings accounts, e.g., 401(k) accounts;4 to be the central statute regulating employment based health insurance, which covers over one hundred and sixty million ...